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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have been told that a parent can not disinherite a minor

Resolved Question:

I have been told that a parent can not disinherite a minor child, but what about an adult child that is developmently delayed, and will never be able to be self sufficiant.
Submitted: 6 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 6 years ago.

Thank you for your question.

I will do my best to assist you with your issue. While I am permitted to provide you with legal information, I am prohibited by as well as various state bar associations from giving specific legal advice, provide representation, or enter into an attorney-client relationship through this open and non-confidential forum. Do you understand and agree to these provisions as well as's disclaimer?


Dimitry Alexander Kaplun, Esq.

Customer: replied 6 years ago.
I understand. I just need direction. When My sons father was ordered to pay child support he was to pay it until my son (Matt) became sufficient, which will be never, He has down syndrome. But a few years later my sons father retired and Matt went on the DAC program of social security, (Disabled Adult Child). Matt's father passed away June 27,2010, and I received a copy of his will, in which he disinherited him. the reason was that because of the distance , he lives in Washington, and we live in Montana, and he had not been able to have any relationship with Matt. But we lived with in a ten mile radius from 1983, when Matt was born, until 1992, when we moved to Montana. He refused to see Matt it was solely because of Matts disability. Matts father and I were never married.
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for understanding.

I am very sorry to hear this. How was the will written--something akin to, "I have a son and I specifically do not wish to leave him a part of my estate"?
Customer: replied 6 years ago.
he said that inregards XXXXX XXXXX son XXXXX XXXXX, he was disinheriting him because of the distance of our living arrangements, he was unable to have a relationship with his son. he also said another reason was that I was antagonistic toward him. I only spoke to this man three times since my son was born. I was very cordial towards him during child support hearing. If any one was at war, it was him, he tried to discredit me in the hearing and I did not even react to him.
Expert:  Dimitry K., Esq. replied 6 years ago.

Thank you for your follow-up. Legally your ex had a right to disinherit his child, so long as the will clearly and unambiguously stated his intent (whether correct or not). While rules exist denying the right to disinherit a spouse, or a minor (under 18) child, or a child not mentioned in the will for other unintentional reasons, an intentional claim made in the will for an adult child, even one with the developmental ability of a child is absolutely valid. You can still attempt to contest it, but you will be wasting your money. While some states have protections, Washington is not one of them.

I wish it were otherwise.

Good luck.

Edited by Dimitry Alexander Kaplun on 9/1/2010 at 4:26 AM EST
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